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(영문) 대구지방법원 2019.05.17 2018노4585
상해
Text

All of the appeals filed by the prosecutor against the Defendants and Defendant B are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence (a fine of five million won) declared by the prosecutor by the court below to the Defendants is too unhued and unfair.

B. Defendant B’s sentence imposed by the lower court is too unreasonable.

2. The prosecutor and the defendant B's arguments are examined together.

All the Defendants were punished several times due to the same crime. In particular, Defendant A committed the instant crime without being aware of the fact that Defendant A committed the instant crime while under the suspension of execution, and that the injury inflicted on Defendant A was not less than that of the Defendants, and the Defendants were committed against all the confessions of the instant crime. The instant case is a case in which the Defendants inflicted bodily injury upon each other by assaulting the other. In light of the favorable circumstances, such as the Defendants’ age, character and conduct, environment, motive and circumstance leading to the instant crime, the means and consequence of the instant crime, and all of the sentencing conditions indicated in the records and arguments, such as the records and arguments of this case, the lower court’s punishment imposed on the Defendants is deemed appropriate. Thus, the Prosecutor and the Defendant’s assertion are without merit.

3. In conclusion, the prosecutor's appeal against the defendants and the defendant B's appeal are without merit, and all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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